National Security Agency Office of Inspector General Draft Report on President's Surveillance Program
March 29, 2009, working draft of results of United States National Security Agency (NSA) Office of Inspector General (OIG) review of President's Surveillance Program.
This document was acquired by The Guardian
and published by The Guardian
on June 27, 2013.
On October 4, 2001, President George W. Bush issued a memorandum entitled, "Authorization for Specified Electronic Surveillance Activities During a Limited Period to Detect and Prevent Acts of Terrorism Within the United States." The memorandum was based on the President's determination that after the September 11, 2001, terrorist attacks in the United States, an extraordinary emergency emergency existed for national defense purposes.
The October 4, 2011, Presidential authorization delegated authority to the Secretary of Defense, who further delegated it to the Director of the National Security Agency / Chief Central Security Service to conduct specified electronic surveillance related to Afghanistan and international terrorism for 30 days. Because hte surveillance included wire and cable communications carried into or out of the United States, it would otherwise have required FISC authority.
The Authorization specified that NSA could acquire the content and associated metadata of telephony and Internet communications for which there was probable cause to believe that one of the communicants was in Afghanistan or that one communicant was engaged in or preparing for acts of international terrorism. In addition, NSA was authorized to acquire telephony and Internet metadata for communications with at least one communicant outside the Unites States or for which no communicant was known to be a citizen of the United States. NSA was also allowed to retain, process, analyze, and disseminate intelligence from the communications acquired under the authority.
This report provides the classified results of the NSA Office of Inspector General (OIG) review of the President's Surveillance program (PSP) as mandate in the FISA Amendments Act (FAA) of 2008. It includes the facts necessary to describe from NSA's perspective: 1) establishment of the PSP, 2) implementation and product of the PSP, 3) access to legal reviews of the PSP and access to information about the PSP, 4) interaction with the Foreign Intelligence Surveillance Court (FISC), and 5) oversight of PSP activities at NSA.